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6.2 Defense of Citv. In the event a suil is brouuht auainst the City.. under circumstances where this a regimen[ to indemnif-. applies. ompanx- at its sole cost and expense lrcuns 9, shall defend the City in such suit if written notice thereof is promptly liven to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to P r have but tom ar��• rn�t�f not indemnify and defend, it ill thereafter hay e control of such litter ation. h settle such litigation without the nsent of the its'. which consent shall not he u nreaso na h 1 v withheldr This section is not, as to third parties, a kkraiver of and• defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall he entitled to assert in any action every defense or immunity that the City could assert 'n its o"-rt behalf. SECTION 7. vii ATION of PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed t ' f �r vacation of a Public Way. Except where required for a itv improvement project, the a..ation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its right to operate and maintain such Electric Facilities. until the reasonable cost of relocating the sane and the loss and expense resulting from such relocation are first paid to Company, In no case, however, shall City be liable to Company for failure to specifically reserve a right-of-way under Minnesota Statutes, Section l o. 9fi SECTION 8. CHANGE IN FORM of GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance.■ An y governmental unit succeeding the City shall, without the consent of o mpany. succeed to all of the rights and obligations of the City provided in this ordinance. SECTION 9. FRANCHISE FEE. ■ r • AdQat"CUC9 ■ • a a a r •Q Eca an 1A ■ ■ r r ' Ar IL S.LJL&'%W L A LJ-%-f melfif te ■ V%W %-,RAJ LJLJ ` r ■ and all on and a ■ + r r ■ + r a ■ r PQ %ef tHhLlef Lse.e.e.t i Ldb-l'R th ■ ■ ■ • + + ■ ■ ■ ■Ep P,D r ■ ■ 9.1 Separate ordinance. burin the terra of the franchise hereb ranted and in lieu of art ermit or other fees being imiDosed on CoMpanv. the City may imiDose on CompaM a franchise fee of not more than four perce nt of om an 's Gross Revenues as hereinafter defined. The franchise fee shall he imposed bv a se arate ordinance dulv adopted by the City Council. which ordinance shall not be adopted until at least 60 days after written Notice enclosiniz such nroposed ordinance has been served upon Compgny h certified mail. The fee 6